Delhi High Court - Orders
Shyam Spectra Private Limited vs Hdfc Bank Limited on 18 September, 2025
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CM(M) 1836/2025
SHYAM SPECTRA PRIVATE LIMITED .....Petitioner
Through: Mr. Surendra Kumar, Advocate
versus
HDFC BANK LIMITED .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 18.09.2025 CM APPL. 59154/2025 (exemption)
1. Allowed, subject to all just exceptions.
CM(M) 1836/2025 & CM APPL. 59153/2025 (stay)
2. Petitioner/plaintiff has assailed allowing of application under Order IX Rule 13 CPC. Learned counsel for petitioner points out that summons were repeatedly served on the respondent/defendant bank and for bare negligence to defend the suit, the petitioner cannot be made to suffer by over extending the expression "sufficient cause". It is further clarified by learned counsel that the present is not a case involving public money but about the foreclosure charges, which according to the petitioner are illegal. It is also submitted by learned counsel that at the execution stage, the impugned order was passed, taking the matter back to de novo trial.
This is a digitally signed order.
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3. Broadly speaking, the learned trial court set aside the ex parte decree going by the argument of the respondent/defendant bank that on account of miscommunication by employee of the respondent/defendant bank to the panel counsel, the bank should not be allowed to suffer. There is nothing on record to suggest as to what action, if any, was taken by the respondent/defendant bank against the allegedly erring employee. I find substance in the submission of learned counsel for petitioner that the respondent/defendant is not an individual litigant, but a bank of high repute, so cannot be extended so much of indulgence by making the petitioner undergo the entire proceedings again.
4. Considering the above circumstances, the proceedings before the trial court are stayed till next date.
5. Subject to petitioner taking steps within one week, notice through all modes be issued to the respondent, returnable on 22.12.2025 before Registrar.
GIRISH KATHPALIA, J SEPTEMBER 18, 2025/ry This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2025 at 22:55:24